CORPORATION OF THE TOWNSHIP OF RUSSELL By-Law Number 82- 2012 Being a By-law to establish water and sewer unit calculations for the Township of Russell. WHEREAS section 11 of the Municipal Act, 2001, S.0.2001, c.25 (hereinafter referred to as the "Act") authorizes the Corporation of the Township of Russell (hereinafter the "Municipality") to pass by-laws respecting the production, treatment, storage and distribution of water throughout the Municipality; AND WHEREAS section 11 of the Act authorizes the Municipality to pass by-laws respecting the collection and treatment of sanitary sewage throughout the Municipality; AND WHEREAS by-law 50-2009 establishes Development Charges for water and sewer services for residential and non-residential development within the Township of Russell; AND WHEREAS by-law 23-2010 establishes Water and Sewage rates within the Township of Russell; AND WHEREAS by-law 54-2011 is a by-law to establish a growth management and development allocation system for the water distribution and sewage treatment systems of the Township AND WHEREAS the Municipality deems it appropriate that the issuance of all building permits throughout the Municipality shall be subject to the provisions of this By-law; NOW THEREFORE BE IT RESOLVED THAT THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF RUSSELL ENACTS AS FOLLOWS: 1.0 DEFINITIONS Whenever a word is used in this by-law with its first letter capitalized, the term is being used as it is defined in this section. In this By-law; 1 82-2012 Water and/or Sewer Unit Calculations 1.1 "accessory"' means, when used to describe a use, building or structure, a use, building or structure that is normally incidental and/or subordinate, and is exclusively devoted to a main use and/or building and/or structure, and is located on the same lot therewith; 1.2 "assembly occupancy" means the occupancy or the use of a building or part of a building by a gathering of persons for civic, political, travel, religious, social, educational, recreational, or similar purposes or for the consumption of food or drink; 1.3 "building or structure" means a structure occupying an area greater than 10 square metres consisting of a wall, roof, and floor or any of them or a structural system serving the function thereof, but does not include a farm building, but does include an air supported structure and an exterior storage tank; 1.4 "business or personal service occupancy" means the occupancy or use of a building or part of a building for the transaction of business or the provision of professional or personal services; 1.5 "care or detention occupancy" means the occupancy or use of a building or part of a building by persons who, a) are dependent on others to release security devices to permit egress, b) receive special care and treatment, or c) receive supervisory care; 1.6 "change of use" means where an existing building and/or occupancy or part thereof is changed to a different major occupancy. 1.7 "non-residential unit" means a unit of sewer and/or water capacity for non-residential development in the serviced area; 1.8 "council" means the Council of the Corporation of the Township of Russell; 1.9 "development" means the construction, erection or placing of one or more buildings or structures on land, or the making of an addition or alteration to a building or structure that has the effect of increasing the gross floor area, or the making of an addition or alteration of a building or structure which has the effect of creating a new dwelling unit which did not exist at the time of the passage of this By-law, and includes re-development; 1.10 "dwelling, apartment and/or condominium" means a building consisting of three or more dwelling units which have a common entrance from the street level, and the occupants of which have the right to use common halls and/or stairs and/or elevators and/or yards and/or storage and/or laundry rooms and facilities; 2 82-2012 Water and/or Sewer Unit Calculations 1.11 "dwelling, duplex" means a building that is divided horizontally into two dwelling units each of which has an independent entrance either directly or through a common vestibule; 1.12 "dwelling, semi-detached" means the whole of a building divided vertically from the foundation to the roof by an unpierced common wall into two separate dwelling units each of which has an independent entrance directly from grade; 1.13 "dwelling, single detached" means a completely detached dwelling unit to which entrance is gained only by a private entrance outside the building and does not include a mobile home; 1.14 "dwelling, row house" means a building that is divided vertically into three (3) or more dwelling units, each of which has independent entrances, to a front and rear yard immediately abutting the front and rear walls of each dwelling unit; 1.15 "dwelling, street row house" means a row house dwelling in which each dwelling unit abuts a public street and where each dwelling unit is located on a separate lot; 1.16 "dwelling unit" means one or more habitable rooms designed or intended for use by one or more persons as an independent and separate housekeeping establishment in which separate kitchen and sanitary facilities are provided for the exclusive use of such person or persons, with a private entrance from outside the building or from a common hallway or stairway inside the building: 1.17 "dwelling, multiple" means all dwellings other than single detached dwellings, semidetached dwellings, duplex dwellings, or apartment dwellings; 1.18 "dwelling, secondary" means a self-contained dwelling unit subsidiary to, and located in, the same building as an associated permitted dwelling unit, where its creation does not result in the creation of a semi-detached dwelling, duplex dwelling or rowhouse dwelling. 1.19 "fixture unit" means, when applied to a water distribution system, the unit measure based on the rate of supply, time of operation and frequency of use of a fixture or outlet that expresses the hydraulic load that is imposed by that fixture or outlet on the supply system; 1.20 "gross floor area" means the sum of the total areas of all floors in a building or structure, whether at, above, or below-grade, measured between the exterior faces of the exterior walls of the building or structure or from the center line of a common wall separating two uses, or from the outside edge of a floor that does not meet an exterior or common wall, and: a) Includes the floor area of a mezzanine and air-supported structure and the space occupied by interior wall partitions: 3 82-2012 Water and/or Sewer Unit Calculations b) Excludes any parts of the building or structure used for the parking and loading of vehicles; and, c) Where a building does not have any walls, the gross floor area shall be the sum total of the area of land directly beneath the roof of the building and the total area of all floors in the building or structure. 1.21 "industrial occupancy" means the occupancy or use of a building or part of a building for the assembling, fabricating, manufacturing, processing, repairing, or storing of goods and materials; 1.22 "in-law suite" means one suite in the serviced area with assessment exemption. 1.23 "intensification" means all existing or new lots or upgraded lots in the serviced area which require water and/or sewer capacity; 1.24 "mercantile occupancy" means the occupancy or use of a building or part of a building for the displaying or selling of retail goods, wares, or merchandise; 1.25 "non-residential" means land, buildings, or structures or portions thereof used or designed or intended to be used for a use other than for a residential dwelling unit; 1.26 "occupant load" means the number of persons for which a building or part of a building is designed; 1.27 "residential unit" means a unit of water and/or sewer capacity for residential development in the serviced area; 1.28 "serviced area" means the geographical boundaries of the Village of Embrun, Village of Russell, Village of Limoges, or Village of Marionville or other areas served by municipal water and/or sewer services; 1.29 "Township'' means the Corporation of the Township of Russell; 1.30 "Water and Sanitary Sewer Capacity Allocation By-law" means the growth management and development allocation system for the water distribution and sewage treatment systems in the Township of Russell developed pursuant to By-law 41-2005 as amended by By-law 55-2005 and as may be further amended from time to time; 1.31 "Zoning By-law" means the Zoning By-law or By-laws passed under Section 34 of the Planning Act and in force and effect in the Township, or part thereof; Terms not defined in this By-law shall have the meaning ascribed to them in the Ontario Building Code. 4 82-2012 Water and/or Sewer Unit Calculations 2.0 DATE OF DEVELOPMENT 2.1 Under this By-law, all development is considered to have taken place on the date on which the building permit was issued. 2.2 Development occurring before the date of passing of this By-law shall not be considered for recalculation of water and sewer units based on the revised calculations contained herein. 3.0 DEVELOPMENT PRIOR TO DATE OF PASSING 3.1 In determining the number of units allocated to all developments occurring prior to the passing of this by-law, the following formula shall be employed: 3. 1. 1 Residential Development: (a) One (1) apartment dwelling and/or secondary dwelling and/or condominium and/or in-law suite is equal to 0.85 of one Residential Unit; (b) All other residential Dwelling Units are equal to one (1) Residential Unit 3.1.2 Non-residential Development: (a) Every two thousand (2000) square feet or part thereof of non-residential Gross Floor Area shall be equal to one ( 1) Non-Residential Unit 4.0 REDEVELOPMENT OF LAND 4.1 Change of Use Where there is a redevelopment of land on which there is a Change of Use proposed, the number of units allocated to the existing use of the building shall be calculated in accordance with Section 3 of this By-law and credited towards the required water/sewer units for the new use. The required water/sewer unit allocation for the new use shall be calculated in accordance with Section 8 of this By-law. 4.2 Demolish or Remove Where there is a redevelopment of land on which there was formerly erected a building or structure that has been demolished or removed, the number of units allocated to this property shall be calculated based on Section 3 of this By-law and credited towards future development of the same land. The required water/sewer unit allocation for the new development shall be calculated in accordance with Section 8 of this By-law. 4.3 Addition or Alteration When an addition or alteration is proposed to an existing building, the number of units allocated to the existing building shall be calculated in accordance with Section 3 of this By-law and credited towards the required water/sewer units for the new addition or alteration. The required water/sewer unit allocation for the new Gross Floor Area shall be calculated in accordance with Section 8 of this By-law. 5 82-2012 Water and/or Sewer Unit Calculations 4.4 Where redevelopment of land results in a lesser water/sewer unit requirement, the additional units or part units shall be returned to the Township of Russell to be allocated elsewhere through a resolution by Council under the Water and Sanitary Sewer Capacity Allocation By-law. There shall be no credit held for the property for which the recalculation has occurred. 4.5 Where redevelopment of land results in a higher water/sewer unit requirement, the owner will be required to obtain additional water/sewer units by resolution of Council under the Water and Sanitary Sewer Capacity Allocation By-law prior to the redevelopment occurring. 5.0 DEVELOPMENT WITHOUT A BUILDING PERMIT 5.1 Where development has occurred without a building permit, a building permit shall be required and water/sewer unit requirements shall be calculated for the area constructed without a building permit in accordance with Section 8 of this By-law. 5.2 Development for which a building permit was issued prior to the date of the passing of this By-law shall not be subject to the revised water/sewer unit calculations contained herein. The number of units allocated to the development for which a building permit was issued prior to the passing of this By-law shall be calculated in accordance with Section 3 of this By-law. 6.0 EQUIVALENCY 6.1 7.0 For the purposes of this By-law, one (1) water unit is considered to be equivalent to one ( 1) sewer unit. NEW DEVELOPMENT 7.1 For new development, other than those specified in section 8.0, the number of water and sewer units required shall be calculated for each occurrence based on the drawings, plans, and information required as part of a complete building permit application and following the process described in Schedule 'A' of this By-law. 7.2 In no case, shall any Development or redevelopment require less than 0.75 units. 7.3 In all cases, the final number of required units shall be determined by Township of Russell staff. 8.0 WATER/SEWER UNIT ALLOCATION BY OCCUPANCY TYPE 8.1 RESIDENTIAL OCCUPANCY 6 82-2012 Water and/or Sewer Unit Calculations 8.1.1 The number of applicable Residential Units for any Residential Occupancies shall be calculated as follows: Number of Residential Units Required Apartment Dwelling and/or Secondary Dwelling and/or Condominium and/or In-law Suite 0.65 All other Dwelling Units 1.00 otHer residenti~l oc2'-u-pa_n_cies (hotel, group hom!l!!, etc.) I Caiclii~illidfui~d~~- = ~ -=~-= :___-- -+=---=-~~--== 8.2 NON-RESIDENTIAL OCCUPANCY 8.2.1 The water and sewer unit allocations have been calculated based the minimum requirements of the Ontario Building Code. The hydraulic load (Fixture Units) is used as a measure of the water and sewer units required to service the different sizes of the applicable occupancy. 8.2.2 The number of non-residential units required for all non-residential occupancies shall be based on the submitted plans, drawings, and information required as part of a Building Permit application. 9.0SEVERAB!LITY 9.1 Should any section, subsection, clause or provision of this By-law be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this By-law as a whole or any part thereof, other than the part so declared to be invalid. 10.0 REPEAl 10.1 By-law#57-2010 is hereby repealed in its entirety. 11.0 SCHEDULES TO BY-lAW 11.1 Schedule "A" to this By-law is deemed to form part of this By-law. 7 82-2012 Water and/or Sewer Unit Calculations Read a first and second time this 15'd day of October 20'12. Read a third and finally passed this 15'd day of October 2012. li/4mc.,._,.-0Affi ~ayor or Acting ~ Mayor ~(];,vdb~ IBfkill.AcHng cterk~'J??~ 8 82-2012 Water and/or Sewer Unit Calculations SCHEDULE A- WATER/SEWER ALLOCATION CALCULATION The water and sewer allocation units required is determined by calculating the total required hydraulic load for all fixtures described in the proposed development as per the chart above. The total required hydraulic load is divided by 40 to determine the required water and sewer allocation units required for the proposed development. All required units were increased to the nearest half unit. For the purposes of this calculation, 40 Fixture Units is equivalent to 1.0 Residential or Non-Residential Unit. In no case, shall any Development or redevelopment require less than 0.75 units Hydraulic Loads for Fixture Units -·--Hydraulic Load (Fixture Uhit) ------ ·------- ___ ________________ ··---~--- Fixture · - - · · - · - ··----------·--·--Bathroom group, with flush tank ----~--- ----~--- - ------ -- _, ------~-----·--·-------- ----~---- 6.0 ·~· with direct flush valve ------ -------- 8.0 ---- ··---- Bathtub ·---· --·· Bidet -------------···------------------ ------~-- Clothes washer ----------------- ---· Bed pan washer ------- -···----- . --------- 3.0 --------------·----------------··------~---- ---------------------------·· ----- ------- 1.0 ------- 2.0 ----~------·-- ··---~---~-------------------~- 3" trap 3.0 --------- ------· .. Garbage grinder, non-residential type ---· ···--- Laundry tray -- Lavatory, barber or beauty parlor ---------------- -------- ··~---------- ------- ·--------- domestic ---- -------- industrial commercial kitchen --------------------------- ·----------- ----- -----~ f--· ------- --· ------- 1.0 ------------------·------------- ----------~------ 2.0 -------- ----------- ------------- --·-----------·--------~------ ·---··-. Water closet, with flush tank ·-------~-------------- with direct flush ··-- 3.0 --------- Urinal --- -~------------- 1.5 1.5 -~---- -------------- slop (janitor) ----~-- 2.0 ------------ -----------··· ---------- ---- Sink, domestic kitchen --- ---------- ----~----- ---- --------------------- ------ ----- 3.0 1.0 ------------ dental -------- ---~---- ------- ---- ---------·---------- ---~--- Icebox ···-- ·---~-- Floor drain, 2" trap ------- ______________ 1.0 commercial Drinking fountain , ------ ·---- -------- __________1.0 -------------------------- --- -----------· -------~- 1.0 2.0 Dishwasher, domestic -----~- - -----· ·-·-·----- -----~------------·-·-·-·-·- ------ 6.0 ·---- .. -------- Dental unit or cuspidor --····- ----------- 2.0 ·-- --------- 4.0 -------------- 3.0 3.0 ····-----·-- ------ 4.0 ---------- 6.0 9 82--2012 Water and/or Sewer Unit Calculations In the event that the proposed development has plumbing fixtures that are not listed in the table above, the hydraulic load can be determine using the size of the trap required for that fixture or the size of the supply pipe serving the fixture according to the tables below. Furthermore, the Township of Russell staff may require at their sole discretion, that calculations from a Professional Engineer be provided to determine the hydraulic load required for a proposed permit application or part thereof, if deemed necessary . ..!!.Jr.draulic f:..oads for Fixt!Jre Units based on trap size Size of Trap, in. - - - --------·---.-- --------- ----·---~---- _,,,, ----------~ --·- ·----- 1 y. --------------------------- -~----------~---····------ 1.0 ---------------------- 1Y, 2.0 -----------·---------- ···---------·---·------------------~------------- ---------- 3.0 __________ _______ 4.0 2 , ------~------- 2Y, - - - - - ----------·------- ------··· -------------- 3 ----------· ·--·--·----------------- ------- -·· 4 · - - -----··--·--------- Hydraulic Load (Fixture Unit) ------ -------------·----------- 5.0 ---·---··- 6.0 ----------------------- Hyci_raulic L9ads for Fixture Units based on_size of supply pipe__ Size of supply pipe, in. Hydraulic Load (Fixture Unit) % 2.0 y, 4.0 "" 6.0 10.0 10 82-2012 Water and/or Sewer Unit Calculations
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